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(영문) 서울중앙지방법원 2014.10.02 2014노2412
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The guilty part against Defendant A and the part against Defendant B shall be reversed, respectively.

Defendant

A.

Reasons

1. The lower court found Defendant A guilty of the charge of violation of the Punishment of Violence Act (joint injury), violation of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., among the charges against Defendant A, sentenced Defendant A to September of the suspension of execution and two years of suspended execution, and sentenced Defendant B to six months of imprisonment and two years of suspended execution, and acquitted Defendant A of the charge of coercion among the charges against Defendant A.

As to the judgment of the court below, the defendants appealed each of the convictions on the grounds of unfair sentencing, and the prosecutor did not appeal.

Thus, the part of the judgment of the court below of this case which is not guilty is separated by the prosecutor's failure to appeal against it, and thus, the judgment of the court of this case is limited to the conviction

2. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants is too unreasonable.

3. The judgment of the defendants led to the crime of this case by making a false statement about the ability of the defendants to pay back to 70 million won, making a false statement about his ability to pay back to the defendant A, making a failure to repay it, resulting in the crime of this case. In the case of the defendant A, the injury suffered by the victim due to joint assault by the defendants is relatively minor, the victim was deposited in a relatively minor, and there was no criminal record other than the punishment imposed twice by the fine, and there was no criminal record other than the punishment imposed twice by the fine. In addition, the defendant A graduated from the law school after the graduation from the law school, and was absent from the law school, but it was caused to the crime of this case while the defendant was absent from the law school, but he was prepared to enter the law school after submitting an application form to the law school in order to achieve the abane of the legal professional, so the defendant A is a legal person who is sentenced to a suspended sentence or more.

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